Post-Camp Fire Efforts (Butte County Air Quality Management District)

Anonymous Person filed this request with the Butte County Air Quality Management District of Chico, CA.
Multi Request Post-Camp Fire Efforts
Status
Completed
Tags

Communications

From: Anonymous Person

To Whom It May Concern:

Pursuant to the California Public Records Act (CPRA), I hereby request from Butte County Air Quality Management District ("agency") the following records. Certain terms are defined within the body of the request.

- Part A: Regarding recovery and debris removal for the Camp Fire (document search dates: between January 1, 2019 and date of receipt of our request, inclusive)
1. traffic/road/route plans for debris removal trucks ("Truck(s)") moving between the 2018 Camp Fire burn scar and landfills or similar
2. live congestion data/maps gathered showing the traffic impact of the Trucks
3. all investigative reports, study reports, after action reports, or other reports (together, "reports") of traffic accidents or spills caused by or involving any of the Trucks
4. all letters/memos/reports/e-mails/SMS/text/chat messages (together, "correspondence") regarding traffic accidents or spills caused by or involving any of the Trucks
- If you are unable to search for the topic in A4, please search for the following non-case-sensitive query in the full text of the subject/title or body of the message: (("debris" OR "toxic" OR "soil") AND ("spill" OR "accident"))
5. all correspondence received/sent regarding using a single RoE from mobile/RV park owners in place of individual RoEs
- If you are unable to search for the topic in A5, please search for the following non-case-sensitive query in the full text of the subject/title or body of the message: (("park" OR "mobile home" OR "mobile home park" OR "rv park" OR "recreational vehicle") AND ("indemnification" OR "indemnity" OR "indemnify" OR "liability" OR "ROE" OR "Right-of-Entry" OR "right of entry"))
6. engineering plans, feasibility studies, or environmental studies (together, "study documentation") for the debris removal process, including both the Truck routes and the use and selection of the landfills
7. memorialized data sets for pre-Camp Fire road conditions
8. bids, estimates, proposals, requests for bids/estimates/proposals, and executed contracts (together, "contracting documentation") for the debris removal from publicly owned property including the Town of Paradise, Butte County, and State-owned lands, parks, structures, and equipment (together "public property")
9. contracting documentation for cleaning and rehabilitation of public property
10. insurance claims and adjusters' determinations filed for lost or damaged public property
11. contracting documentation for government-organized debris removal and cleanup of private property (the phase 1/phase 2 processes handled via RoE)
12. contracting documentation for tree removal by public agencies or PG&E
13. reports or study documentation for the use or installation of air, ground/soil, or water quality devices installed at the debris removal sites and/or along the Truck routes, or the performance of such tests
14. all test results for the testing devices or tests in A13
15. all administrative/ministerial permits issued by your agency for Camp Fire recovery functions/contractors/sites

- Part B: Certain complaints or correspondence (document search dates: between November 7, 2018 and date of receipt of our request, inclusive)
1. all correspondence received/sent from/to Michael Orr or mentioning "Michael Orr" - including all forwards/replies to such threads
2. all correspondence received/sent from/to about PG&E's cutting down and/or taking trees on private or public property - including all forwards/replies to such threads
3. all correspondence received/sent from/to Miocene Canal Coalition or mentioning "miocene canal" - including all forwards/replies to such threads

- Part C: all records of each of the following code enforcement cases -- including all e-mails/SMS/text/chat messages received/sent containing the identified case ID as a keyword, agenda items, resolutions, ordinances, notices sent/received, appeals, hearing documents, orders, evidence presented, lawsuits filed, documents filed in such lawsuits, items agendized via staff reports or presentations to any Board of Supervisors or City/Town Council or hearing officers, abatement orders, liens, or special assessments (document search dates: between January 1, 2019 and date of receipt of our request, inclusive):
1. the following specific cases: CE18-0806, CE18-0770, CE18-0649, CE18-1248, CE18-0567, and CE18-0647
2. any cases/proceedings/investigations against private properties failing to clean-up Camp Fire debris via the OES or Alternative programs

Note that every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.

I would prefer the request fulfilled electronically, by attachments, if possible.

For all electronic copies, you have an obligation to provide electronic records in the original format you hold them.
Therefore, where emails, text messages, chat logs, or similar are provided, we would like them in a format that provides *all* the parts of the record, namely all headers, metadata, attachments, and inline images.
.eml or .msg message formats are best. However, if you convert messages to PDFs or screenshots of iPhone messages, etc. in order to perform redaction, please ensure you include all headers, metadata, attachments, and inline images when converting; the usual From/To/Subject/Sent headers are not enough. If you withhold parts of e-mail or text records (such as headers) without statutory justification, you may be in violation of the CPRA and we may challenge your response.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

Please provide responsive records on a rolling basis as you approve/redact them for disclosure.

Please cite statutory authority for any records withheld in whole or in part.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anonymous Person

From: Butte County Air Quality Management District

Good Morning,

Request received, thanks.
-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Butte County Air Quality Management District

Good Morning,

I am sending three emails, this email being the first, with requested documents attached. Note that all of our attached records apply to Part A of the request. Our agency does not have records applying to Part B or Part C of the request.

Please let me know if need any additional assistance,
-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Butte County Air Quality Management District

This is email #2 of 3 for this request.
-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Butte County Air Quality Management District

This is email #3 of 3 for this request.
-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Anonymous Person

Thank you. If I understand correctly, your CPRA determination is 'no responsive records' for B1-3, C1-2. Please give the formal CPRA determination for each of A1-15: no responsive records, all responsive records disclosed, all responsive records withheld, or responsive records disclosed in part and withheld/redacted in part. And provide statutory justification for any withholding or redaction.

**Note that every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.

From: Butte County Air Quality Management District

Good Morning,

Correct, no responsive records for Parts B & C.

- Part A: Regarding recovery and debris removal for the Camp Fire (document search dates: between January 1, 2019 and date of receipt of our request, inclusive)
1. traffic/road/route plans for debris removal trucks ("Truck(s)") moving between the 2018 Camp Fire burn scar and landfills or similar
All responsive records disclosed

2. live congestion data/maps gathered showing the traffic impact of the Trucks
No responsive records

3. all investigative reports, study reports, after action reports, or other reports (together, "reports") of traffic accidents or spills caused by or involving any of the Trucks
No responsive records

4. all letters/memos/reports/e-mails/SMS/text/chat messages (together, "correspondence") regarding traffic accidents or spills caused by or involving any of the Trucks
- If you are unable to search for the topic in A4, please search for the following non-case-sensitive query in the full text of the subject/title or body of the message: (("debris" OR "toxic" OR "soil") AND ("spill" OR "accident"))
All responsive records disclosed

5. all correspondence received/sent regarding using a single RoE from mobile/RV park owners in place of individual RoEs
- If you are unable to search for the topic in A5, please search for the following non-case-sensitive query in the full text of the subject/title or body of the message: (("park" OR "mobile home" OR "mobile home park" OR "rv park" OR "recreational vehicle") AND ("indemnification" OR "indemnity" OR "indemnify" OR "liability" OR "ROE" OR "Right-of-Entry" OR "right of entry"))
No responsive records

6. engineering plans, feasibility studies, or environmental studies (together, "study documentation") for the debris removal process, including both the Truck routes and the use and selection of the landfills
All responsive records disclosed

7. memorialized data sets for pre-Camp Fire road conditions
No responsive records

8. bids, estimates, proposals, requests for bids/estimates/proposals, and executed contracts (together, "contracting documentation") for the debris removal from publicly owned property including the Town of Paradise, Butte County, and State-owned lands, parks, structures, and equipment (together "public property")
All responsive records disclosed

9. contracting documentation for cleaning and rehabilitation of public property
No responsive records

10. insurance claims and adjusters' determinations filed for lost or damaged public property
No responsive records

11. contracting documentation for government-organized debris removal and cleanup of private property (the phase 1/phase 2 processes handled via RoE)
No responsive records

12. contracting documentation for tree removal by public agencies or PG&E
No responsive records

13. reports or study documentation for the use or installation of air, ground/soil, or water quality devices installed at the debris removal sites and/or along the Truck routes, or the performance of such tests
All responsive records disclosed

14. all test results for the testing devices or tests in A13
No responsive records

15. all administrative/ministerial permits issued by your agency for Camp Fire recovery functions/contractors/sites
No responsive records
Thanks,

-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Anonymous Person

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Anonymous Person

From: Anonymous Person

Thank you BCAQMD. We have some followup requests:

Pursuant to the California Public Records Act (CPRA), I hereby request from Butte County Air Quality Management District ("agency") the following records. Certain terms are defined within the body of the request.

*The following 7 appendices to the file "EA_FONSI_Barber Debris Site _Dec 2018.pdf"
Appendix A: Presidential Emergency (3409EM) and Disaster Declaration (4407DR) Summaries, State of California Emergency Proclamations (November 8 and 14, 2018), and Butte County Emergency Proclamation
Appendix B: California Department of Toxic Substances Control (DTSC). September, 2001. Letter from the California DTSC indicating that, with the 3-acre exception of the asphalt cap, the 133 acres of the 136-acre Barber site is cleaned to residential standards and can be used for residential purposes. The 3-acre asphalt cap can be used for commercial purposes; however, structures cannot be built on the cap.
Appendix C: California DTSC. 1995. California Environmental Quality Act Negative Declaration for Louisiana Pacific Corporation, Butte County, California, Remediation of Soil and Groundwater Contamination
Appendix D: California DTSC. 1995. De Minimis Impact Finding for Louisiana Pacific Corporation, Butte County, California, Remediation of Soil and Groundwater Contamination
Appendix E: Central Valley Regional Water Quality Control Board (RWQCB). 1997. Case Closure, Underground Storage Tank Case No. 04190, L-P Chico Foundry Bunker, West 16th Street, Chico, California and Case Closure, Underground Storage Tank Case No. 04191, L-P Carpentry Bunker, West 16th Street, Chico, California
Appendix F: California DTSC. 1999. Covenant to Restrict Use of Property, Environmental Restriction, Louisiana Pacific Corporation – Chico Site (available as Appendix E).
Appendix G: United States Fish and Wildlife Service species list was generated

Note that every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.

I would prefer the request fulfilled electronically, by attachments, if possible. Please include ALL appendices, attachments, and exhibits to all requested records.

For all electronic copies, you have an obligation to provide electronic records in the original format you hold them.
Therefore, where emails, text messages, chat logs, or similar are provided, we would like them in a format that provides *all* the parts of the record, namely all headers, metadata, attachments, and inline images.
.eml or .msg message formats are best. However, if you convert messages to PDFs or screenshots of iPhone messages, etc. in order to perform redaction, please ensure you include all headers, metadata, attachments, and inline images when converting; the usual From/To/Subject/Sent headers are not enough. If you withhold parts of e-mail or text records (such as headers) without statutory justification, you may be in violation of the CPRA and we may challenge your response.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

Please provide responsive records on a rolling basis as you approve/redact them for disclosure.

Please cite statutory authority for any records withheld in whole or in part.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anonymous Person

From: Butte County Air Quality Management District

Good Morning,

Note that our District did not receive the appendices for the FONSI document created by the US Army Corps of Engineers for the Barber Yard Debris Site. We have records for two of the emergency proclamations referenced in Appendix A (attached).

We may have various records for Louisiana Pacific Corporation from the 1990s, referenced in Appendix C, D, & F, however they are in archived storage and need additional time to find if requested.

Please advise,
-----------------------------------------------
Jason Mandly
Senior Air Quality Planner

Butte County Air Quality Management District
629 Entler Avenue, Suite 15 - Chico, CA 95928
Phone: (530) 332-9400 ext. 108
FAX: (530) 332-9417
www.butteairquality.com<http://www.butteairquality.com>

From: Anonymous Person

No, if Army did not provide you the appendices no more work is needed. This concludes this request. Thank you!

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